COMPLAINT

Unit 3
 Definition:
According to Section 2(d) 1973 of CrPC “complaint” means any allegation made orally
or in writing to a Magistrate, with a view to his taking action under this Code, that some
person, whether known or unknown, has committed an offence, but does not include a
police report.
◦ Complaint is an allegation that a wrong has been done or a grievance suffered.
◦ A person who makes the complaint is called ‘complainant.’
 Essentials of a Valid Complaint:
◦ The following are the essentials of a valid complaint;
◦ A complaint requires an allegation of commission of an offence by offender.
◦ The complaint can be orally or in writing.
◦ The complaint must be made to a Magistrate.
◦ The complaint should be made to take action by the Magistrate.

Section 200 – 203 deals with the complaint to the magistrate in Criminal Procedure
Code 1973.
◦ Section 200 . Examination Of Complaint
◦ A Magistrate with whom compliant filed, shall examine the complainant and also
witnesses on oath. The contents in the compliant shall also examined and reduced in
writing in a report. The report shall have signature of complainant, witnesses and
also the Magistrate. Provided that, when the complaint made in writing, the
Magistrate need not examine the complainant and the witnesses:
◦ if a public servant acting or purporting to act in the discharge of his official duties
or a Court has made the complaint; or
◦ if the Magistrate makes over the case for inquiry or trial to another Magistrate under
section 192:
◦ Provided further that if the Magistrate transfers the case to another Magistrate under
section 192 after examining the complainant and the witnesses, the latter Magistrate
need not re-examine them.
 Objective of Section 200
◦ Check validity of statements made by Complainant either true or false.
◦ •A complaint is made to the Magistrate in a view with taking cognizance of the
offence, where the Magistrate takes cognizance of the offence on a complaint.
◦ •The first step is to examine the complainant and the witnesses present and the matter
of such shall reduce to the writing of the examination.
◦ •Then, signing it by the complainant, the witnesses and finally by the Magistrate.
◦ Hence, section 200 of the CrPC., 1973 requires not only the complainant, but also his witnesses present
if any, should be examined. This section casts an imperative duty on the Magistrate to examine the
witnesses as well.
◦ The procedure to be adopted when complaint is filed is as follows
◦ U/s. 200 of the Code, it is incumbent on the Magistrate taking cognizance on a complaint to examine upon
oath the complainant and his witnesses present if any, at sufficient length to satisfy himself.
◦ The object is to test whether allegations make out a prima facie case to assure the Magistrate to issue
process u/s. 204 Cr.P.C, 1973.
If the witnesses are present on the date of filing complaint, their statement should also be recorded u/s.
200 Cr.P.C, 1973.
◦ After recording statements and evidence of complainant and witnesses respectively u/s 200 Cr.P.C, 1973,
the Magistrate has three options –
◦ 1. He may issue process u/s 204 Cr.P.C, 1973, if prima facie offence is made out, if the proposed accused
is residing within the area to which the local jurisdiction of the Magistrate extends.
◦ 2. He may dismiss the complaint u/s. 203 of Cr.P.C., 1973, if no prima facie offence is made out and there
is no sufficient ground for proceedings, or
◦ 3. He may postpone issue of process pending further inquiry by himself, or investigation by police or any
other person as he deems fit u/s 202 Cr.P.C, 1973.
In the case Gurudas Balkrishna v. Chief Judicial Magistrate Goa 1994 Cr. C.J. 444
(Maharashtra)
The main grievance of the applicant appears to be that though he had filed a complaint for
defamation as far back as 31st of July, 1992, the learned Magistrate has not even recorded
his statement for verification of the complaint as required under section 200 of the
Criminal Procedure Code till this date and he has adjourned the case upto 19th February,
1993. According to the complainant, delay in recording the statement of the complainant
and his witnesses and adjourning the case for such a long time defeats the ends of justice.
It was held by the Honorable High Court of Judicature at Bombay that the
Magistrate to record the evidence for the complainant and the witnesses, if any, within a
week from the date of its order, and the magistrate is not permitted to delay the
verification for months.
Section. 201- Procedure by Magistrate not competent to take the cognizance of the
case-
if the complaint is made to a magistrate who is not competent to the cognizance of the
offence, he shall-
(a) If the complaint is in writing, return it for presentation to the proper court with an
endorsement to that effect;
(b) If the complaint is not in writing, direct the complainant to the proper Court.
◦ Section 202. Postponement of issue of process
◦ 1. Any magistrate on the receipt of the complaint of a offence of which
he is authorized to take cognizance or which has been made over to
him under section 192, may if he thinks fit and shall,
◦ in a case where the accused is residing at a place beyond the area in
which he exercises his jurisdiction postpone the issue of process against
the accused and
◦ either inquire into the case himself or
◦ direct an investigation to be made by a police officer or by such person
as he thinks fit, for the purpose of deciding whether or not there is
sufficient ground for proceeding.
◦ Provided that no such direction for investigation shall be made-
(a) Where it appears to the magistrate that the offence complained of is triable exclusively by the court of
Session, or
(b) Where the complaint has not been made by a court, unless the complainant and the witnesses present (if
any) have been examined on oath u/s. 200.
2. In an inquiry under sub-section (1), the magistrate may, if he thinks fit take evidence of witnesses on oath.
◦ Provided that if it appears to the magistrate that the offence complained of is triable exclusively by the
court of session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
◦ 3. If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for
that investigation all the powers conferred by the Code on an officer in charge of a police station except the
power to arrest without warrant.
◦ As per above provision, it is crystal clear that the Magistrate has the following options
◦ 1-The Magistrate may inquire the matter himself and if he inquires the matter himself, he may record the
statements of the witnesses on oath, or
◦ 2- He may direct an investigation to be made by a police officer, or
◦ 3- He may direct an investigation to be made by such person other than police officer.
But, the Magistrate has to opt one of the options (out of three options). He cannot follow all the
options. But, when a complaint is filed against the accused where the accused is residing at a place beyond
the area in which he exercises his jurisdiction, inquiry under section 202 of the Code is mandatory, as per
new amendment under section 202 of the Code, (Amendment ActNo.25 0f 2005),
◦ (Section 203) Dismissal of complaints
If, after considering the statements on oath (if any) of the complainant and of the
witnesses and the result of the inquiry or investigation (if any) under section 202, the
Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss
the complaints, and in every such case he shall briefly record his reasons for so doing.
◦ Section.204. Issue of process.- (Chapter XVI)
(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient
ground for proceeding, and the case appears to be –
(a) a summons-case, he shall issue his summons for the attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing
the accused to be brought or to appear at a certain time before such Magistrate or (if he
has no jurisdiction himself) some other Magistrate having jurisdiction.
◦ General practice Followed in the Courts
◦ When the complaint in writing is filed in the Court, the magistrate after perusal of the complaint, registers
it, and after registering it, the statement of complainant u/s. 200 Cr.P.C. 1973 is recorded on the same day
and the case is fixed for recording evidence of the witnesses under section 202 of the Code of Criminal
Procedure, 1973 for any other day. After recording evidence u/s 202 Cr.P.C of the witness or witnesses, as
the case may be, the case is fixed for arguments on summoning. Having heard the arguments on
summoning, the case is fixed for order on summoning. If the Magistrate finds or satisfies that prima facie
offence is made out against the accused and all essential ingredients of alleged offence are available in
complaint as per evidence u/ss. 200 and 202 of the Code of Criminal Procedure, 1973, the Magistrate
issues process u/s 204 of the Cr.P.C. 1973 against the accused. On the other hand, if the Magistrate
satisfied after perusal of evidence u/ss. 200 and 202 Cr.P.C, 1973 that no prima facie offence is made out
and there is no sufficient ground for proceeding, he dismisses the complaint u/s 203 Cr.P.C. 1973